Sugg v. Johnson

I concur in the disposition made of this appeal, because I think the court erred in refusing to submit to the jury the issue as to E. B. Johnson's negligence in surrendering the escrow notes without further inquiry; but I do not assent to the holding that Sugg has not himself been guilty of such negligence as would estop him from recovering upon the note. I also agree with all Judge WILLIAMS has said in regard to the estoppel of Sugg.

The jury found, in response to the fourth special issue, that in delivering the $50,000 note and the deed of trust securing the same, together with the release…